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[From tlic Daily Moiniiic Clironirlr, Wasliincton City, D. C, Drrcmli'T 27i li ] 



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A BASE SLANDER REFUTED. 



, We print tn-day ii louj^ cnninnuiicilion 
from \V. IVun. Clarki-, Esq , I'urmorly 
chief clerli of tlie Interior Dep-iriuient, 
nndt.T Secretary H-irlan, defendiDg the 
luttur from aa attack on his character as a 
public officer and a good citizen hy a cor I 
respondent of the Cincinnati Gazette. No 
ouo who reads Mr. Clarke's communication 
can for a moment doubt that Mr. Harlan 
has been wantonly and wickedly assailed, 
and that the charges brought against him 
are utterly baseless. 

To the Edilor of the Chronicle: 

'I be WasblDKton correspondent of the ('looio- 
natl DaUi/ Gazette, of the I'tli Inst , refarrlnif to 
the peoOloK ^enafrUl contest In lona, and appa- 
rently for the purpose of (lama^lDK the prospects 
of some of the Kentlemen wh' !;e nauies are bolo^^ 
need In thit connection, travels out of his way to 
a<:b'all the character of ex-*eoreiary Harlan, now 
one cf the oMc^t and most (llstlo^ul.ihed meubors 
of the United States .Senate. In relation to the 
animin of the writer. It may be observed that It l? 
nusceptlble of proof that he has adml'ted that hia 
oblel ;;rlevaDce was a supposed sympiatby of the 
ex-Secretary with Qenenil (J. O Howard In & 
church controversy between that one armed vete- 
ran of the recent war and the correspondent's 
faih.er, an ex chiplain of the Unueot KeprcBen- 
tatlves, and whioh resulted In dividing the Con- 
gregational Church of this cUy. It has also non 
iiecoaie vnbllc, as a pteoe of city gossip, that this 
correspondent (and perbiips some otner corres- 
pondents of the public press) has taken offense at 
semtor Harlan and hH family, on account ol 
fome supposed Indignity whl<?h he Imagines he 
bad sultered, or some dljcrlmlnatlon In lavor of 
one of the reporters for the Chronulk, at the 
time of the marriage of the Secretary's daughter 
to Robert T. Lincoln, son of the late President- 
he and they not being Informed of the fact that 
Mr. LlQOuln had requested that the wedding 
shoul-l be as private as praotloable, on acorUBt of 
his mother, who very naturally wished to be pree- 
I nt, and who was still In mournlntr over the terrl- 
Ible death of her Illustrious husband. Your re- 
porter was at the time temporarily connected 



I with one of Mr. Harlan's Senate oommlttees. anil 
concequenily regarded as a member of bis otUclal 
Ibousehold— a fact that w«8 probably overlooked 
|by the O'dtf^c correspondent and others to whom 
we have alluded, rheue seem to be, and so far a.s 
' Is known, are, the motives which have led to thlii 
I malevolent a<8ault upon the character of one of 
the moot distinguished of our Kepubllcan Sena- 
tors, which Is more dl.'tiraceful to the author than 
the gentleman whom he has assatlod, and which 
cannot butesclte the condemnation of all right- 
thinking men. 

Une other motive may have contributed to this 
attack. The tone ard temper of this Ga^f/Zc letter 
would seem to justify the conviction that It may 
have oeen Inspired, to some extent, by the over- 
anxious Irlends of some aspirant tor senatorial 
honors In Iowa, whose Interests It was Imagloed 
might be advanced by blighting the 'air fiime o 
those who wtre confldered obstacles In the way of 
success, but this of Itself would hardly )>e a suf- 
ficient motive, for we have reason to believe that 
>enator Harlan has taken no part In the contest, 
nor even expressed a preference In favor of any 
one of the various aspirants. 

The charges aaralnst the e.\-Secretary are not 
only malevtlect, but contemptible in their oharao- 
ler Nearly all of the allegations of misconduct 
relate to trivial mitters, oot of whlon, according 
to the writer's own ahowing, It would have 
been Impusrlble to realize rutllclent pecuniary 
proflt to amount to a temptation to do wrong 
on the part of a high otflolal of the (l-ov- 
crnment. If the head of a Department, who 
controls the disbursement of multiplied mil. 
lions of the public treasure were disposed to de- 
fraud the (Jovernment. he would hardly waste his 
time In an attempt to misapply a lew quires of 
paper, or a few tons of coal. The charjjes, there- 
fore, are not only Improbable In theaselves, but 
are contradicted by the whole tenor rf .Senator 
HarUn's public and ]irlvate life and character. 
Upon these he might salely rely as a complete de- 
fense against the envenomed attacks of anony- 
mous sensational writers, and not fear the result. 
But lu justice to Senator Harlan, and as a duty 
we owe to the party organization of which he Is 
one of the oldest and most useful members, we 
ihad TTcoef d to rifvit the charges of the (•nmtt 



H-x-i C^ 



orrespondent, and demonstrate that they are des- 
titute of any foundation In fact or truth. 

Dr. John R. Goodwin is our first witness — the 
very man whom the Gazelle correspondent infinu- 
ates knows all the facts. While Mr. Harlan was 
Secretary of the Interior, Goodwin was the dis- 
bursing officer of the Department, as he Is at the 
present time; and In the following afiadavit he 
thus sums up and comradlcts many of the charges 
of the Gazette: 

Washington, D. C , Deo 23, 1869. 

In a communication published iu ihe Cincinnati 
Daily Gazette ot the 17th inst., the writer assails 
the character of the Hon. James Harlan, by char;^- 
Iflji : that while Secretary of the Interior, he 
appointed his son to the office of loessenger; that 
he used Government horses, and paid .^eo per 
month for keepintr the pair; that he paid the 
driver of the team from the public lunds; that he 
discharged the driver because he reluf ed to dress 
in livery, at his own expenfe; that he caused a bill 
of $650 lor fancy paper, cards, knives, scissors, <fco , 
for the use of hia household, to be paid for from 
the comingent fund of the Department; that he 
caused coal to be sant from theceilarsof iheDeptrt- 
ment to his own house, for his private use ; that 
he rented, and caused robe fitted up, rooms for 
my private use, with puhllc lunds ; and that he 
took carpets and other articles from the Depart- 
ment, and converted ihem to prlvate|use 

I. on oath, say that during the greater part of 
the time that i>ir. Harlan was Secretary of the 
Interior I was disbursing clerk and superintend- 
ent of the buildinx. Durlne that time, 1 p*id all 
bills that were paid lor salsries and for contin- 
gencies, and al-o, as superlatendect. had charge of 
the purchase of stationery, and turniture, and fuel 
for the DepartmeDt ; and the cnntracts and blil-i 
connected with such purchases are now In tbe 
office of the disbursing clerk. These show that 
the Secretary's sun was paid as a mes-^enger for 
the period of seven tj -three (73)d'iy 8, and no more; 
during that time he pcrlormed duty as messenger, 
often during the day. and often at night f'he 
rate of pay was that usually paid to messengers, 
and allowed by law. 

Every member of the Cabinet has a span of 
horses lurnlshed and boarded for ofaoial use, and 
also a driver. Mr. Harlan paid •'i>50 per month 'or 
the board, and not ^GO, as alleged. This Is the 
record, and It Is the customary price. 

IVIr Harlan's driver never dressed in livery I 
am of opinion that he never discharged a driver 
because he would not dress in livery, e'se the suc- 
cessor would have so dresped. 

He never caused to be paid $720 eich. on the 
rolls of the Department, to two men— one for a 
footman, and one for a dinlDe-room servant. I 
am intimately acqualnten with Mr. HarUn and 
his family, and was frequen'ly at bis nouse as a 
personal friend while he was Se<ir«taTy, and per- 
sonally know that he had a sufficient number of 
private servants to perform all the ordinary duties 
connected with his household. 

I have carefully examined the records of the 
office, and find no bill of 4ifi50 as having been pall 
for fincy stationery, &o , for the use of his house- 
hold nor any other that can justify the charge. 
There was no such bill paid. 

He never rented any room for my private use 
During his term of service I occupied rooms 
rented by myself from Mr. Samuel Maa-ee, an old 
citizen, and the Government never paid for any 
rooms occupied by myself for private use. 

Me never received from the cellars of the De- 
partment any coal for his private use. If such 
had been the case, I, as superintendent, would 
have known it 

He never received from the Department carpets 
or other furniture which he did not pay for at a 
full value, appraised by Impartial and competent 
appraisers. .John K. Goodwin. 

District of Columbia, Washington County to wit: 

On this 24ch day of December, I8fc9, before me, 
one of the justices of the peace in and for said 
county, personally ai>peared John R. Goodwin,' 
who, upon being aworn according to law, did de- 



pose and sav that the foregoing statement Is true 
and correct in every particular. 

Su'"isoriijed and sworn to before me on this day. 

[seal.] K. B. Nixon, J. P. 

Thomas D. Bond, then as now, Ghief Engineer 
of the Interior Department, and the cu3todian ot 
the fuel of the Department, makes the following 
statement under oath, wh'ch, in connection with 
the affidavit of Dr. Goodwin, completely disposes 
of the dastardly slander about the misuse of gov- 
ernment coal : 

I, Thomas D. Bond, on oath, depose and say, 
that I am now, and was during the whole period 
of Hon. .Tames Harlan's service as .-secretary ot' 
the Interior, Ohlef Engineer of said Department, 
and was then, and am now, custocian of all theluel 
received for its use; and 1 further depose and say, 
that i know Spersonally that no coal or other fuel 
was ever taken from the Department to the res- 
idence of the said Secretary. I also depose and 
say, mat I acted as the said Secretary's ai;ent in 
purchasing fuel for his residence and office afc 
his house; that several times I procured it of the 
government contractor, but tuat in every case, a. 
separate bill was made out against the Secretary 
lor the whole amouot, and paid for by me as his 
agent, he handing me the money to pay for tho 
same; and that no part of said oal or other luel 
was ever paid fir by the Department. I also ae- 
pose and say, that I was Intimately acquainted' 
with said Secretary and his family, was often in 
and through his house, and do not believe It pos- 
sible that property of any Kind could have been, 
taken from the Department to, and used at, his 
residence, without my knowledge; and that he 
was always scrupulously exact in paying for every 
thing, even of the most trivial character, turned 
over to his privato use or that of his family. 

Thomas D. Bond. 
District of Columbia, Washington County, to wit: 

Oa this 2l8t day of Decemoer, 18C9. before me, 
the subscriber, one of tne justices of the peace In 
and for said county, personally appeared Ttjoma-* 
D. Bond, and bein^j sworn according to law, did 
depose and sav that the within statement is true 
and correct. 

Subscribed and sworn to before me this 21st day 
of December, lh69. 

[SE^L.] R. B. NlSON, J. P. 

The next charge against the ex-Seorotary is, 
that he became the purchaser of a pair of horses 
telonglng to the Department at a nominal value. 
This falsehood Is completely refuted by the lot. 
lowing affidavit of 'iharles H. Sherrlil, John T. 
Price, and Oolonel Theodore B. Samo, all three 
well known gentlemen of this city, of unim- 
peachable cbs-racter, and known to be excellent 
judges of this kind of property. Oolonel Same 
was then, and Is now. In the service of the Inte- 
rior Department as the engineer of the aqueduct, 
and Mr. Price is an old and large dealer In 
horses, and well known to all dealers in stock. 
But to the afUdavit : 

Washington Oity, D O. , Dec. 24. 1869, 

The underdgned, Oharlos H. SherriU, John T. 
Price, and Theodore B. Samo, having seen an ar- 
ticle published In tbe Olncinuatl (gazette of the 
17ih instant, charging Hon. James iiarlan with 
having procured a couple of horses of the Interior 
Department at a nominal price, state on oath, 
that on the request of the Secretary, we examined 
and appraised said horses before their purchase, 
and valued one of them at one hundred oollars, 
and the other one at two hundred dollars. The 
first one was old, and was afilicted with the dis- 
ease known as heaves; tho other was defective, 
being knee-sprung and afliioted with corns and 
other defects No one of us thought the hori*e8 
worth more thin the price named, and some 
thought them worth loss than the amount named; 
and no one of us then thought that they would 
have commanded thit prise in open market. We 
were each well acquainted with eald horses. Two 



of 118 bad often driven them, Rnd the other ooe of 
us. Joh^ T Price, Is, an 1 has been for a lonn pe 
rlod. a deiiler in hoiges; anil we CDnclt'er our- 
eelves goud judKCsol the VHlue «r ttiai kind uf 

Block. i^HA.S H. MIKaUILL. 

.John T Pkici;. 
IiikokoukB. Samo. 

DislricI of Columbia, Wanhington County, to icU: 

«m ilil.-i 24iL day lit Ijeceiuber. 18uli, l<eiore ma, 
one 01 the justlccM of the i.eace In and for the 8aI<1 
oi>unty, )>or8i)Dullv ai'i""ur«d Oharles H. Slierrlll, 
John r. Price, and Theodore K Shido, who belnir 
eaoh and severally sworn accordlUK to law, did 
depot^e and B^y tiiaC the within aiatement wau 
true and correct 
Subscribed and sworn to be'oro me vhls dav. 
[SJtAt, ] K B Nixon, J. P. 

The truth about this whole horse matter is that 
Senator Harlan'8 family, havlnit occasionally used 
the horces, and bee ime attached to theuj, desired 
to retain them, and be, to gratify the family, pur- 
chased the hordes at irore than tbelr real cash 
valoe. No one can doubt this afte' readlni; the 
foretcolnK atfidavlt. Wo uilxht rc!>t the relutatlon 
of these charKBd In relation to tbe coul and hiirses 
bpon ttte sworn stateinenis of the (centlemen above 
named, but to leave no room for doubt, that all these 
things Here honestly pil 1 for, we annex the fol 
loHln^ receipts : 

Received, Washlnnion. D. C , Augnft 31. 186G. o( 
Hun .lames Hxrlin, 1^320. for one pair of horses 
and hurneas, as per apprai.-ement.. 

William .>^. Marsh, 
L)l«)>urslL.K rk^ent, (Aiiuoouot. ) 

Washinoton, 1) O., August 9. IS^d. 
Hon Javeb H .ULAN BnUKUt ot .s. f. hkown i 

>i>N, tiirtvHruli'K aijil u l[lJmi<^lon merctiaulsi, No. 

4(16 Mnth street i)ntweon t and h'sireois: 
ISoti— AuuiiBi 9 10 loijs L.. i\l. white ash tyiif 

co*l at 'JiT WO $7!) OO 

18Ca— August 9. 11 tons red asu fctove at ijiS 10 b9 lu 

108 10 
Received payment, 
[Stamp ] ft. tr. Brown & Son. 

Wasuikoton, January 18, 1886. 
Hon. Jamus Uaulan 

To H. Clay .Stkwaut. Hr 
18e6— Dec. 14. To 6 toQ' gratecoalai^9 4u.. <(47 (0 
6 tons lurnaoed )., -it 4^9 9J. 4'.i 5U 
PuttlUki Indo , 10 tons, at 

75oBnis 7 .'0 

1S66— Jan. 18. TolO tons coal alijln 160 CO 

Pulling In 10 tuns at 7.>c. . 7 6o 



201 60 
Received payment, 

[Stamp] H « LAV STKWAUT. 

Now. In relation to the cbar^e aimui lue larol- 
tare. I( has been the cu.sio:u from ibe I irinatlon 
ol the Leparimeut for the Oovernuioat lo furoi-h 
a room at the Secretary's re'ldenco lir an office, 
where bo receives vls(t..>rs, and ol'en transude 
public business after otn^se hours. Ihli was done 
in Secretary Harlan's o^te as >i matter of course, 
iucludlng desk, carpel, uttli-e chairs, &o. a hlle 
this wai belUK done, poine pU cee of AiS ciist-jfTcar- 
peilnx, c,in."Kl«ire.i w<Tthle.«;', were procured by I 
hU faulty <or the nee of tho doiue.^tlt's ia the 
kitchen and basement; and. ut or abjut the time 
of Secretary Harlan'.- retirement from the Depart- 
ment, all of the56 articles at his request, were 
appraised, and subseiiuently paH tor by him, as Is 
Shown hy the followloi^ receipt: 

DKPAItr.VIMNT Of THK InTKRIOE, 

W.\phin<'to <, I'ccemi.er 1. 180G. 
Hecelved of Hon. .laui^s Harlan, two hundred 
*nd nUety Uvo djUars, (1(293) ia pay for furnliure, 



I Ao , a8 per appraliement of Mr. E H Kins;, mads 
Liecembrr 1, iMcO, and on file In the Department of 
the luterior. .1 , K. <ti>oi>\viN, 

Superinteudent. 
We come no.\t to the rldlcalous Maiemont In 

' relation to services of Department eniployes at 
Mr. Hirlao's residence Mr. William Syphax 

! has been, almost since the orKanlcitluii of the 
Interior Department, the mesfen>ier of the Secre- 
tary, and still holds that poiilitjn. It Is his <>aty 
to take in to the Secretary tho cards of vl Itors, 
and usher tbem into his presence. By reason of 
this lon»; service, Le has bocome personally 
acquainted with all the Senators and members of 
UunKrcss, as well as other officials; and on pu'>llo 

^oooaslons, as he states In the lollowluif affidavit, 
he frequently attended at INIr. Harlan's to attend 
tho door anil receive tte visit irs, for which service 
he was :il*i«ys Kenerously paid by the .Senator's 
lady. If any of the other employe.^ rendered any 
services at the residence of the senator. It was 
usually on slmliar occislons, when they were not 

I required to be at the Department, and for which 

I they were amply compensated. The chari<e that 

jtho Secretary's servants wore llvorr, and that 

I the coachman was discharged for the reason that 
he refused to purcha.'<o a cult ut llvory at his own 
expense, is refuted by the statements of Dr. Good- 
win given above. The affidavit ol J\Ir. Syphax 

'reads as follows: 

Wa.«iiixotok, D. O , neoember 14,1 8C9. 

I I. WllHiiui .■^i pba.x, on oa'h, state tbai I am 
now, atid WHS durltJ^' the whole period of Hon. 
.lames HarUn a ^ervlco as Secretary of the In- 
terior, and lor a long I'eriod belore, tuesFenxer to 
t lie .Secretary ; ibatlwas familiarly acquainted 
wlih .-ecretary Harlan's houseii'jid, and that, on 
extra- nilnary Ol■;ca^lon8 such as (ir.blij rec»p- 
tlone, durioif what is cilleil Hit tastilmabla sna- 
.<0(i, wLen there were u>ul(itudes of official (.alters 
and vibilors, I was frequently at his house (as I 
know personally nearlv all the Senators and mem- 
bers and other I'lith officials.) to atteml the door 
anil re ieive tbe guests, as was tho cu?tom before 
he bacarae .secrnary . and itiat I rendered such 
•ervice voluntarily, af er office nours, and was al- 

, ways well paid thereior by Mrs. Harlan. 

W. SrPHAX. 

District of Columbia. Wa/ihinr]ton County, to wit: 

On Ibis a4th day of iieoeu'ber, lt*69, belore me, 
one of ttie justliits ol the peace In and for the said 
county, peisiiually appeared Willi im sypUax, 
who nelng sworn according to l-tw, did depose 
ano siy tuai, the foregoing 8. aiement Is true and 

! correct. 

; subicrloed and sworn to be'ore me this day. 

[>*ltAL ] K B. NiVON, .1. P. 

The lollowing affidavit of Judgo KlUpatrlck ia 
also to the Same put port : 

Wa.-;hinotox, Docember 26, 18f9. 
T, Ephraliii Kilipainck, slate on oath that 
during itiBMhole iinie that Hon. James Harlan 
was .-^ecrmar) of the In'eri r I was a clerk in the 
Departinenl; p<rt of the lluie ajting as chief 
clerk, an. the n luaindor of tho time as a clerk In 
In « ne <•' the iilvbl .ns ot the office, the most of the 
lime ttt a I'esU lu ibe n.oiu oorui'led by ttie ."^ecro 
tar\; thatlwa* liiiiuiatelj acquainted with the 
Socreta'y and hlfi lamily, and was often at his 
house; his family consl^led ol himself, hU wire, 
ar)d two cblldien; that he b'd at hi< hon^e con- 
tinuously sever.il servant.!: — euouKb In my judu- 
meut, to perr>rmall the orilln*ry duties connected 
with bU bouseholii— In no way connn'^tad with the 
Depar< ment, or borne on its rolls. He had a room 
tilted up as an othce at his residence, as I uniier- 
ftand has always been the custom "f the head of 
tho Drparimetir , where he trangaoted a larite 
amoani of ochclal busltiess, and I have observed 
an employe — someilmes one and trmoilmes an- 
other—at this office rcom, to atlanil at tue door 



and to (io messenger duty, and I haye been told 
tDat said employe fomalimes exchaotred worK 
wUh one of the prlv'ace servaots- un public occa- 
sions, suoh as recepiloas. dinners, aad during 
wbat is called the fasutonible seisou, and periods 
of extraordinary pressure, when there vpas a mul 
titude of otS^ial callers, messengers anit other 
employes of the Departtuent were frequently 
present, rendering the necesaary asslst-tncs; but, 
as tar as I ever noticed, none ot the Department 
messengpis or employes were ever so employer: a? 
to laterfere with their offlolii.l duties. 1 further 
Slate that Air. H:irlan,8o tar as I linow and be- 
lieve, has never, either while he was Secretary, or 
before or sltice, hafl a servant in li"ery la his em- 
ploy, either as coachman or In any other capacity ] 

i^. KlLLPATRICK. ! 

District of Columbia, Washington County, to wit: 1 

Uu this 26th day of UeceuQoer, li^tQ, before thej 

snbscritver, one of tna i»siioe< of the peace in and 

fcr I be said county, per.-'onHlly appeared V,. Klil- 

pitriclc, who, betnir sworn according to law, did 

depose aiifl say that the foreaoinjj statement is 

true and co- re'it In every partioal«r. 

Subscribed and 8 worn to before ma 

[8KA.L.] K. B. Nixon, J. P. j 

HavioK disposed of these trivial charges against I 
the ex "Secretary — and which we have shown to 
be the mere inventions of a malicious heart — we 
proceed to notice ottiera more particularly afTect- 
lug bis official conduct, and xvhich will be founti 
equally unsupporteii by truth. The unblu.^hlog 
dedarati' n that Secretary Harlan Tjuiited the 
1 «.«? lu acoepiiog the first section of f >rty miles of 
the Kansas branch of the Unlea Pactflo Railroad, 
«nd the cowardly Insinuation that he did so from 
Improper confiderai ions received from the com- 
pany, through its President, John D Perry, is 
driven to the wall by the voluntary staietaent ol 
General William J Palmer, the Treasurer of the 
coinpanj , sent to Mr. Harlan Itst winter, after 
that Ktntleman ha'l rend a similar attack In the 
GuscZ/f, m ide by I hts naoje corresp indent, about 
a year since. From this statement It appears that 
secretary Harlan was overruled by the then 
President, Andrew JoiinsoQ, and afterwards acted 
In this matter under the i'tesldenl's orders : 

Un[<jn Pacific Railway, E. D , 
Washington, D. C, February 28, 1869 
lion James Harlan, U S. Senator: 

^iR : iUy attention havlog been called to a pub- 
lication In the (Jinclnnati Gazette of the 23d ult. , 
charging you with dereliction of duty as Secre- 
tary, lu connection with the acceptance of the 
first section of forty miles of the Union Pacific 
railway, eastern division, and partlcalariy 
noting an appa'ent conflict between your recom- 
mendation ol IVlay 29. 1»65, advising the President 
ihBt said section should not be accepted, and your 
.letter of i otober 28, 1895, loUowing, in which, 
after reel Ing that the company had entered Into 
an agreement to malie certain required Improve- 
roen's, you advised that the hteretary of tLe 
Treasury and the Secrptary of tue Interior be 
directed to carry into effect the provisions of law 
In regard to said completed spctioti, 1 deem it due 
to you, ai d to trutb, to say that I was at the time 
personally present at lutervlews between your, 
self and officers oi said corapmy, and bet^veen 
said ilflctrs and the Preslder t o' tho United 
St.'ites; tbat a difference of opinion arose betwee" 
you and tbe company in regard to the degree of 
perfect inn required by the law under the phrase, 
•■first-class railroad;" that yon uniformly and 
persistently Insisted on a higher standard being 
adopted than that set up by the company ano the 
commissioners first appointed to examine said 
oad; that you ftaniily tolo the officers of the co«- 
pany tUtt. so lar as it depended on your cfifiuiai 
action neither the bom's nor the Ihhos pertaining 
to said section would be issued and patented 
nnttl Raid section was made to conform to a stand 
ard higher than that Mhloh ihe company thought 



the law required, or that was practicable under 
the llmiteri aid granted by tho Government in 
that new country. 

L>eetning it to be the province of the Presidsnt 
of the United states, and no that of the >eiretary 
of the Interior, to decide whether tbo si'.d sejtiou 
had or had not been const: ucted according to law, 
the officers of the company rtqu6i?ted him to 
examine the subject ptrsontlly, wiioti be pro. 
''eeded to do ; whereupon a full and free confer- 
ence was had at the Kxecutlve iManslon, netween 
the Presidert, the Secretary of the Interior, tho 
secretary ot the Treasury, the officers of the <^im- 
pany, and several of the prlnciiiai stockholders of 
the road, where every thing pertaining to said 
section of load was luily explaioed, and all ob- 
jectlons to Us acceptance were fully canvassed. 
This interview resulted as we expected, in an 
executive order for the issuance ot the subsidy la 
bonds and lands, pertaining to faid section, the 
company first agreeing to malve certain Improve, 
ments of grades, curves, bridges iVo , which their 
own and the pu'ilic interest deminded, and which 
they contemplated making had no such agree- 
ment been entered Into. 

It is perhaps proper that I should also s'ate 
that 1 was at that time, ant have beoa ever since, 
Treasurer of said company, and nave l)een the 
custodian of its books and papers, and tuat I per- 
sotially Unow that you have never had at any ilaae 
the slightest pecuniary interest in this cjmpany, 
its property, or (rancbises. 

Very respectfully, j our obedient se'-vant, 

Wm. J. Palmkr. 

The malicious character of this attack on Senator 
Harlan is further evidenced by the reproduction by 
this correspondent of his old charge In relation to 
the sale ot the Cnerokee neutral lands, and needa 
no other notice than tba s'atementthat this s'an- 
der was completely exposed and reiut»d by :VIr. 
Harlan on the fioor of tho Setate last winter, and 
that tbe public records show that tbe sale made 
oy him was at as high a rate as the land wonid at 
that time bring In the market; and that alter ample 
advertising, and delaying the saie for more than a 
year, his successor, Hon. O. H Brownirg, was 
unable to efleot a sale at a higher rate. Thej-o 
tacts are established by House Ex. Doc. So. 85, 2 1 
session Fortieth Congress, ovtr Mr, BrownIn>^':j 
own signature, from which we extract the follow- 
ing 

In respect to the Fale of the Cherokee neutral 
lands I deem it proper to remarkthat by the terLUr; 
of the treaty it is optional with the Secretary of 
the Interior to sell them in separate tracts at not 
less than an average ot $1 25 per acre, or in a 
body at not less than $1 per acre. 

The provision of the treaty lor tho sale in .sepa- 
rate iracjts is, th^t after the lands shall have bee^i 
surveyed, they shall be appraised at an aver>«t:e 
of not less than tl 25 per acre, e.xcinsive of Im- 
provements, and after advettlsinu lor sealed b ds, 
.••hail be sold to the highest bidder, for oasb, in 
(larcels not, exceeding oue bund'ed and sixty acres, 
and at not less than the appraised vj.lue. 

Anotber pro-'lslon of the iretty authorizes the 
Secretary of the Interior to sell the whole of said 
lands not occupied by actual settlers, in a body, to 
any responsible party, for cash, tor a sum not less 
tha.n $1 per acre. 

Tbe S"le ij separate parcels, on sealed bids. Is 
subject to the disadvan a«es of roquiriug years of 
time and of leaving nil the reluse lands in the 
hands of the Indians unsold I iitd not doubt th -t 
an imnaediite sale, in a body, aiijil per acre, woui.l 
bo greatly more to the interest ol the Indians than 
a tardy sale of the cbolce lands in separate tracts 
at the appraised value, with the 1- feri ir lands left 
undisposed of for years, and have, consaquentlv. 
been desirous to find a purchaser wno would take 
ihein all, good and bad logetuer, at •jil per acre. 

Wlih thi-i view 1 suggested anduigtd »t the 
last session of I'ongrpss that the United States 
should become the purchaser, at one dollar per 
acre, and issus bonds in pa\ ment thereof. Such a 



proposition \ras, I bellOTO. submitted to OoDKress, 
but. u>>t acjepied. 

Alter tiie ailj )urnineat ol Congreas I aatborlzed 
an unuttlv-'lal sttteiaaul (o be uiaile la iiju nev/n 

{laporn ihiit tue propi'ata lor the puruhise oi tiald 
audsla a tiody would \i3 received -it ttio Depurt- 
ueut until the Ist uf (Jetober. 

Kariy la Octubor »lr. .lauiog F. Joy, of De'rol', 
Mlcu., prop ised to take ibu lab<U iu a buiy al cue 
dollar per .icro, iiu.l piy tiio i!asu lor ihviu. 

No Diuor oiler was uiiide; I auccpteil Ur. Joy'n. 
and ooiicluiio'l a ojhtaiJI wiiii buu, Iroin which 
all landj oci-uplfld l>y ao'iial bol'lerd.ic tlietla.e 
ol lUe r<illioailoQ of the iro.ily wera txclmled. A 
ootiy or tUo CDOtraot. Is bere*l'ti rural:'tie'l. 

Tlo luouey would have lieen palil liy Mr. Toy, 
and ihe Utds convoye<l iit ibe iliiio oT the con- 
trace, hid the Duuibur of iicro.s suld U;en koown. 
tSui as all tlio larui.i oo^iuplfld byaoiuil Detlera 
were exoluded Iro u the sale, 1'. was necossury to 
nscerlalii Ite iiuanllty ibua occupli'd in detoruilne 
haw loaQy ucroM reiuilned tu b-s u«t<i Ijt iiy .vlr. 
Joy. iJouiiulsslonf rn are now onn,ai<B(i lu eatl- 
mating and <ip|iralsini{ tbo Improved tracio. As 
fiQOO a.-i li.ey sunlluavu 0'>iuploio,l 'heir laiior'< and 
re|)i)r'iMl, iLe oonira'U will oeonosuuiuiateil by ac- 
copilnk; ibe uurcU-ife money and oau.siui( tUe laud 
to iio iiatenttd 'o the puri^La'^er. 

Very retpecil'ully, your "bedient nervant, 

<) II Bkowninu. -t cretary. 

Hon. ^ chuylrr Uolfax, ^^peakerof lae tlou-e 
01 Kepreceuiailves 

That tbU suiisequeDt su'o by Mr BriwnloK 
was not considered by the (DdiaoH the I)t'p<trt- 
ment, and the Sena'e. uioro for tiie interest of the 
t herokee trlie. than tho sale i)revlou<ly niado 
by ."\Ir ll;u'l:in, Is lully proved » y the lict tti'it a 
k ui'Scii' e.it reat y whs made between '. he i'httroUees 
atid the Uoveroiueut, which w.ia ratilied by the 
Senate, autborlzlni< tho caocellatl)Q ol tne Bn\e 
inada by Secretary Browuio^, and carrijinij into 
ijfecl that previou^hj made by Secretary Harlan It 
Luay D It be Improper to add, la ihU cnuecllon, 
(•8 showloK the c >d(1 lenoe in .Senator Harlau'rt 
luteKrlty ontcrlalticd Uy his brother ."Senators, th»t 
la the Uce ot this .-.lander, and while ll luut have 
been tre'h la the memory ol nioh, ih? Sniine 
pi <csd Ihit ^ealleulaa at tue Lead of the <><.iuiul'u- 
tee ol Indian Atrilr.'<, where he Btiil rem:;l'i», thus 
evldeniMuK their appreciailou ol hi.-i kuowled^^e of 
the ^ul'jeJts (ortiilnlnK to that coiuuiUtee, arid 
their uhdlulDlshud lei-peci for hlin as au uprli^ht 
u an. 

Ihe ItBt alleuailon oonlalned la thU oorrespind- 
eut's letter, r.tfeoilni; Mr. H>irlaci'!i character, 
chirKeslhut ho ••nd Oornuilsrloner U oley, o( 'he 
Indian l-Jurnau, 'worked ulxhi and d*y :o perfect 
a Bale ol the Duliware liidlin laniln, on fraud- 
ulent papers ol s) tran.^pareni a oharaoter that a 
clerk, who was dlrejtad by ijo' ley to fill them up, 
tLru?t the u irnou la dls lace, trlllax aim plainly 
that the whole iblnir was a swindle, which would 
leturn one dny lo dauui all PonneHtd with It 
l!ut the matter was fitlven throj^h hy the active 
atid Ooiu'>l(ieil ett^rts ol Hariaa aod (Jooley, and 
luoUnossold lo the r^llroait, at nearly ijiii.y.oo ■ 
les.s than well-known and respoosihle parties bbl 
In writinx under the teims i.l the iro-ity. • • • 
I'he whide thlnx was a bara-ftioed cwlndle; tlrsc, 
o^ion tho tribe, which knew njthInK ol the treaty 
which h-id been obtalaed from a few by fraao ; 
and secondly, up>n the Unite.l States, which lost 
lully I-IOlIjOOO by tUe 8ub$e(iuoDt »aie " 

This Is a revl»*l of nn old, srale char<« made 
about a year since by this 8*rao correspondent la 
the paine I aper. which eeeius to be tho reopptacle 
ot all ol this writer's faorlcitlons, and wLloh was 
deejieJ Ly the friends of the pirtles ro'erred to to 



be 00 transparently fal°e, and whtsh was so flatly 
contradicted by the public records, as to neoJ no 
lormal rofu'atlon. The treaty referred to pro- 
vided that the I'NIIsfouri River Kallroad Company, 
whose roads were looiteil through these lands, 
where many (d those lni!t\t s lived, mlxht, within 
a Klven period ^fter the publication of the treaty, 
purchase theii at not less thin two dollars and 
tifty oonts p .T aore, adding tho appraised value of 
Imprc'vemenis; and If nut so purchased by said 
company, then, under certain rostrlctlans, to bo 
sold to the hUhuji bidder. The company Kavo 
notice of acceptance, died bond as provided by 
the treaty, and -lemandod that the contract should 
be closed ln>l3tlnK that It was entitled, within tbo 
period fixed by tho treaty, to the exclunivc rlxht to 
purchase at the sMpulited prloe. ."secretary 
Harlan, however, held thiit the tretty was sus- 
ceptible of a dilferent construction, and kept the 
initter open for o'hT bids utitll near tho cloi=o of 
tho ptrloil named In tui tre.ity. N> other bid 
beinkt received, be notified the company that I's 
bill Lad been accepte''. But on the same day, and 
before the contract had been executed and de- 
livered, Oeuera; 'humiS £wlnt(, Jr., the law 
partner of i he Inoomlnij Secretarj, ( \Tr. Brown- 
log.) called at the Deparimont, and filed a bll, 
as he Ptated, In tbo Interests of certain clients of 
bis, prop J.-ilnK to purchase tho.se lands at the rate 
of three ilollars and one cent per acre. The 
Seoretnry, ooubrlni? wheth«rthl< bid hud bien re- 
ceived In time, Inlor'ne I the pirtles tint umler 
the existing St ite of fiots he thought It would be 
; advisable to le'. the whole matter ko over, to le 
adjusiel by Secretary Brownlox, who would have 
po!-se8.'lon of the otlloe Inafevdays. On the fol- 
lowing (lav, however, (reneral Lwlnu; prp.sented 
to iHr Harlan tho foUowlnt^ letter, wl.hdrawloK 
hlabld: 

1 Washington. Auiru.si 30, ISCtJ. 

Hon. James Harlan. Sccrilary of the Interior: 

I -la: When 1 made iny (da yesieriiay lor the 
Del 'I wa re laioU In Km as as, I hid no' seen or beird 
of the bond tiled bv tho >ll3flourl Klver Kallroid 
(}ompiny on the 2Ttb Inst., and their letter In- 
cIosIdh It. ; nor of y our havInK stated oraily ihit 
the iio!id was sitlf f ict'try, and their propospion to 

Ipurcba.e was anep'ed; nor of jour loiter of yes- 
terday, add'ess'Ml t) the cjm|)iny, then already 
slffimi] an. I recorded I had not , either, car-iiilly 
o nsiuered tho "th article of the I>rla«are treaty 
since then, however, these several matteis have 
■•een considered by in?, iind I am led to bn'lavo that 
even II I'lO con'rac, should be awarded t > me, 1 
shiil be compelled to tojt la the courts tho claims 
of tbo joiupaoy to tho rl^ht of purchase of the 
lands. 

I do not consider theliods a good purchase at 
my oir«r, «|ih a cl oudo.l or embarrassed title, and 
therefore iisii le*vo to wi'hdraw my bll, and re- 
ceive oack the certlQoate of deposit aooompany* 
log It. Very truly yours, 

I'HOMA.'* EwiNO, Ju. 

The withdraws! by Oeneral Ewlour of hl« bid 
raised iho q<iostl')o ol his rl^Ut to do so. Ua oon- 
sul'atlon with VVilMam P. Otto, the As'l^tant Sec- 
retary, to whom >lr HirUn u-u illy referro.l ItJual 
questions, and tho writer hereof, then tbo tUilef 
(!l«rk of the Department, as well is others leirned 
In the law, the secretary was advised Ihat Qeaeral 
KwloK was entitled to withdraw his bid at any 
lime bnf re lis acceptance, tbo oorrec'ne.'S of which, 
we presume, no lawyer will doubt. This bid beinx 
withdrawn then, and there being no other otler, 
the contract wis closod wlih the abjve-naxeJ 



company. An examination of the treaty will show 
that it Is at least cloubMul whether the company 
had not been made preferred purchasers within th-j 
peilod; In otber words, whether the company did 
not possess exclusive right to purchase at the stipu- 
lated rate per acre during the period fixed in th^ 
treaty ; an 1 If the company was thus pre'erred, as 
its officers insisted, then Mr. Harlan committed a 
le^al error in holding the tale open for other bids. 
after receiving notice of the oompan^'.s accept- 
arce — an error wtiich delated. Instead o' btnefited, 
the railroad company. In tois whole transaction 
it is clear from the testimoov that Mr. Harlan 
acted with scrupulous care, aod soujjhtto make 
the most he could out of the lands lor the oeneflt 
of the Indians. 

That the treaty was fairly negotiated, and was 
fully understood by the Jjelaware Iijdian8,ls lully 
apparent from the following letter from Superin- 
tendent Murphy, aadressed to the Secretaiy soon 
after this slander appeared In its first form, ab]ut 
a year ago. 

Washington, D. C, February 23, 1869. 
Hon. James Harlan, United Stales Senate: 

Sia: My attention havlog been Ctilled to a letter 
published in the Clnclcnati Gazette, from a cjr- 
respjndent in this city, relative to the treaty 
negotiated with the Delaware Indians in 1866, In 
whi^h, alter stating that •'•villiam H. Watton a 
clerk in the Indian Department, was appointed a 
commissioner to visit Kansas and conclude i* 
treaty « 1th the Delaware Indians," It, goes on to 
state that "iVIr. Watson went, imtnedlateij to 
Kansas nnd called upon fhouias Murphy, super- 
intendent of Indian affairs for tnat sst,ite, aud 
stiowed him the treaty and letter ol Instructions 
Mr. Murphy was blck in bed, and not being able 
to attend to the matter, directed liis clerk to act 
for him. vv atson acd this clerk then got together 
three chiefs and four otLer Indians as counselors, 
anil havlnti manipulated thuu properly, obtained 
their signatures to the treaty, 4c " 

As one d vhe couioiisstuners whose name Is 
attached to tha Delaware treaty ol 1866. I deem In 
due to myi-elt to state ihe facts relative to the 
making of this treaty, and as you were my 
superior officer at tnat time, I Ceem it proper to 
make the stateoaent to vou 

Mr. Watson. Agent Pratt, and myself, were 
appointed commissioners to negotiate ihe treaty 
referred to. On Mr. vvatsnn's arrival at Leaven- 
worth, Kansas, I met him there, and we proijeeded 
direct to the Delaware agency ; runners were sent 
out to inform the Indians, an I ttie dav foil iwing 
we counseled wltti them relative to the business 
that had brought us there. As is customary with 
Indian tribes, the Innlans xfler consultation 
among themselves, directed their chiefs and heart 
men to make the irea'y. Ttiey performed thi=> 
service I he treaty was written our, by ttie com- 
mlsslnners . and after being futly explaineo, was 
sinned by them and all the cblefs aiid head men of 
the Delaware Nation I was not; sick at tbar time; 
was present during the negotiating of the treaty. 
If there was any manipulating of the chiefs, 1 
knew notbing about it. 1 do know that the treaty 
wa? satisfactory to the Itelawire Indians at that 
time, and 1 have never beard onn of tuem complain 
about any ot its provisions since. 

So much In regard to tbat portion of the letter 
in the Gazette which r fars to myeli In ronneotion 
with ttis matter ; and, I have no hesitation in say- 
ing In reuard to the otber statements in said 
letter impugning vonr motives ana those of the 
then Goaimlssioner of Indian Affal's, that as far a.s 
I have any kriowledge, they are wholly without 
loundattoD In fact 

Very respectfully, your obedient servant, 

Thomas ivIukpht, 
Superintendent ol Indian Aftalrs. 

If we admit that, by more skillful njanagement 
these lands miaht have been sold for tbe price 
named in the bid put in, and afterwards with- 



drawn by General Ewing, still the Gazette cor 
respondent's reckless disregard of truth, or his 
total Ignorance of the subject, is perlectly patent. 
Iq hid haste to gratify his hostility to benator 
Harlan, and at the same time create a sensation, 
he did not stop to add up the ngures. Secretary 
Browning reports, in the document to which we 
have referred, that there were 92 508 93-100 acres 
of these lands, the difference between the total 
value of which, at ^2 60 and .$3 01 per acre, would 
be less rban ;i!48,Oi 0, Instaad ot $luo,O00, as alleged 
by the writer. Tnat the rlolcalous story about 
the supposed righteous indignation of a clerk in 
tue Indian Bureau is false, is clear from a peru. 
sal of the treaty, from which it will be seen that 
the tJommlssioner of Indian Affairs had nothing 
whatever to do with the sale. As a matter of laoo 
that officer never Intermeddled with the subject. 
The treaty made It the duty of the Secretary to 
make the sale, and he did make It. without the 
aid of tbe ('onamlssioner. The succeeding alle- 
gation that the United ^^tates lost $!tO. OOU in this 
sale of t'je lands, is equally destitute of truth, and 
jtbat it is S3 needs no other proof than a knowl- 
edge of the fact that these lands were the exclu- 
sive property of the Delaware Indians, and were 
sold for their benefit. 

We have thus, a', the risk of being tedious, care- 
fully and minutely traversed every alleifailon of 
the Goct'^/ccorrespon lent, presenting the affidavits 
of responsible parties personally conversant with 
tbe facts to which they testify, with receipted bills, 
in denial of the charges made against the ex Sec- 
retary, afte- having per.sona'lj examined tbe 
public rec'irds, laws, and treaties, and files of the 
Interior Department. From tbis statement tbe 
public, Fo lar as it may feel any interest In the 
sutject, may know the precise facts and the whole 
truih, and we ooub'. not that the judgment of our 
I readers will coincide with our own when we state 
that this narration establishes that the cbarges 
made against Senator Harlan are utterly ground- 
less, and that no reliance should be placed here- 
after in the productions of this correspondent, 
whenever, at least, they are deslgaed to aff-jct the 
Conduct or character of individuals It Is now said 
that he has announced on the streets, to bis. "cronies 
and sympathizers," his purpose to ''write down 
Senator Harlan," as pure a public man as lives, and 
ruin him in the public estimation. Wnat this 
high-toned gentleman and patriotic correspondent 
may be able to make up Irom discharged servant.s 
and dismissed department employes, who are not 
always free from vlndlotivo feelings, and a <'ispo- 
sit ion to avenge injuries, real or imaginary., or 
what the fruitful imagination of a sensational, 
reckless correspondent may Invent, no one can 
divine or anticipate; but after this expose of his 
malicious and unwarranted assault upon senattir 
Harlan, to say notbing of his other attacks upon 
prominent Bepuhlican statesmen, by wbloh his 
true character is made known to his employers, we 
shall bo surprised if the columns of the Cincin- 
nati Gazette are prostituted hereafter to the dis- 
semination of hi) slanders. 

To give a sort of color to his vile charges, the 
Gazette correspondent absurdly demands to be put 
to the proof of his allegations in a court of law— 
a demand, in Itself, an insult to common sense. 



He is believed to be totally Irresponsible, and Id 
eager pursuit of botorle'y, doubtleas boldlog that 
a notoriety for Infamy Is preferable to total ob- 
scurity. There are just such depraved minds In 
all professions, and unfortunately for the jjress, It 
Is not exempt from the oommon lot. But If this 
were not so la this case— If this deliberate slan- 
derer were able to respond In damaKes — what com- : 
pensatlon would such a judgment be to a pure and 
upright statesman of honorable time for the in.[ 
juries InflliMed on his good name; theonly legacy, 
perhaps, which he will be able to bequeath to his 
children? 

Having Itnown Setiator Harlan 1 jag and well 
and believing that he Is pure la his public as In 
his private life, we have prepared this viodloatloQ 



of his character from the assaults of the Gazette 
correspondent, urged thereto by that sense of 
common justice which should animate every 
heart, and which will, sooner or later, prove every 
just man's sure vindication. To us It has been no 
pleasant task, (or attacks of this character, when 
shown, as In this case, to be malicious and un- 
founded, bring discredit upon the press, and lessen 
the dignity of Its members. And In vindicating 
the gentleman assailed, we vindicate the press 
Itself. It would be terrible, Indeed, If defamation 
of this character could not be exposed and refuted 
by the same method by which It Is disseminated; 
and hoBce, duty, as well as justice, demanded 
tLl5 vindication at our hinds. 

W. Pknn. Clarkk. 



33 «5 






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INDIANA 46962 



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